Spouses cannot be forced to reveal private conversations – Deputy AG

Deputy Attorney General Dr Justice Srem-Sai has explained that spouses cannot be forced, even by a court, to disclose confidential conversations they have had with each other.

He said the law protects private communications between married couples, whether they are in a monogamous or polygamous marriage.

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“Secondly, a person may not be compelled, even by a court, to disclose such communications,” he wrote on X on September 20, 2026.

Dr Srem-Sai explained that the law provides three forms of protection for confidential communication between spouses.

A person can prevent their spouse from disclosing such communication, a spouse cannot be compelled to reveal it, and a court may disregard it if it is disclosed without the consent of the other spouse.

According to him, these protections are provided under the Evidence Act.

“Thirdly, a court may disregard such communications if they are disclosed without the consent of a spouse,” he added.

Dr Srem-Sai, however, clarified that the protection of private conversations does not extend to a person’s marital status.

He said marriage and divorce are public matters, meaning there is no privacy right in the fact that a person is married or in the identity of their spouse.

“Marriage (and, by necessary implication, divorce) is, by law, a public matter. This means that there is no privacy right in a person’s marital status or in the fact that he or she is married (or purported to be married) to a particular person,” he said.

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According to him, the protection of confidential communication applies to both monogamous and polygamous marriages.

“By the Evidence Act, the above principles apply to both monogamous and polygamous marriages. This means that the confidential communications which spouses have between or among themselves are also protected,” he added.

Marriage (and, by necessary implication, divorce) is, by law, a public matter. This means that there is no privacy right in a person’s marital status or in the fact that he or she is married (or purported to be married) to a particular person.

However, the confidential…

— Justice Srem-Sai (@JusticeSremSai) September 20, 2026